Mark needed a new watch. He had some money saved so he decided to buy an expensive watch that he hoped would last him a lifetime.
Mark found a watch that he liked and paid $1800 for it. Mark was concerned that the watch had only a one year warranty but, having done his research, he knew that no other businesses or watch brands offered longer warranties.
Mark´s watch worked perfectly for a year but, just after the warranty period expired, it stopped working completely. Mark took it back to the business but they refused to replace or repair it, saying that it was no longer under warranty.
What are Mark's rights in this situation?
'Consumer guarantees' automatically apply to the purchase of all consumer goods and services. Just because Mark's watch was not covered by the warranty does not necessarily mean that the business does not have to replace or repair it. If the watch has not met a consumer guarantee, the business must remedy the problem.
In this case, the consumer guarantee for acceptable quality has not been met. A reasonable person would expect that an expensive watch would last longer than a year. The period of the warranty does not affect Mark's consumer guarantee rights. The business still has to repair or replace the watch.
What should Mark do to try to get a refund or repair?
If Mark believes the watch has failed through no fault of his own, he can argue that it has not reached a basic level of quality and performance given its price and purpose.
Mark should make a written complaint to the manager of the store. If the store still refuses to give Mark a refund, he should report the matter to us and consider getting legal advice.
Read more about your rights when a good or service fails to meet a consumer guarantee.
Last reviewed 30/11/2011